City of Pottsville, PA
Schuylkill County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pottsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-1966 by Ord. No. 72-66 as Art. 1109 of the 1966 Code]

§ 126-1 Word usage and definitions.

A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
Unless otherwise herein expressly stated, the following terms, phrases, words and their derivations shall have the meanings given herein as follows:
BARTENDER/SERVER
An employee of a licensed food establishment who tends bar or otherwise serves alcohol 12 or more hours per week.
[Added 9-11-2000 by Ord. No. 635]
EMPLOYEE
Any cook, waiter, kitchen help, house servant or other employee of any kind in a public eating or drinking place who in any manner whatever handles or comes in contact with food or drink served to or provided for the public, and includes the proprietor or any member of the proprietor's family handling any food or drink.
HEALTH OFFICER
The Health Officer of the city acting for the Department of Public Safety.
LICENSE
A grant to a licensee to conduct a public eating or drinking place, as defined in this section.
PREMISES
Includes all land, structures and places and also the equipment and appurtenances connected or used therewith in any public eating or drinking place, as herein defined, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
PROPRIETOR
Any person, partnership, association or corporation conducting or operating a public eating or drinking place within the city.
PUBLIC EATING OR DRINKING PLACE
Any place within the city where food or drink is served to or provided for the public, with or without charge.

§ 126-2 License required.

No proprietor shall conduct or operate a public eating or drinking place without first obtaining a license as herein provided. Such license shall be issued by the Health Officer. No license shall be issued until inspection of the premises, facilities and equipment has been made by the Health Officer and they are found adequate for the protection of the public health and comfort of patrons.

§ 126-3 License and inspection fee.

[Amended 4-10-1979 by Ord. No. 254; 12-30-1982 by Ord. No. 313]
Every proprietor of a public eating or drinking place shall pay an annual license and inspection fee of $25. No license shall be issued or reissued until such fee is paid.

§ 126-4 Duplicate licenses; fee.

Whenever any proprietor maintains more than one public eating or drinking place within the city, he shall be required to apply for and procure a duplicate license for each additional eating or drinking place, such duplicate license to be issued at an additional inspection fee of $5.

§ 126-5 License application.

Any person owning or operating or desiring to operate a public eating or drinking place or public eating and drinking places within the city shall make application for a license on forms furnished by the Health Officer. Such forms shall set forth such information as the Health Officer may require, including the name and address of the applicant, together with all other information deemed necessary.

§ 126-6 Inspection.

Before granting a license hereunder, the Health Officer shall visit and inspect the premises on which the applicant conducts or proposes to conduct his business. The Health Officer may refuse to issue a license if the premises on which the applicant conducts or proposes to conduct his business or his equipment does not meet the requirements of this article or the rules and regulations of the Health Officer. The Health Officer shall state, in writing, to the applicant the reason for such refusal.

§ 126-7 License term; renewal.

Licenses shall be granted for a period of one year from the date of issue. Application for renewal shall be made one month before the expiration of the existing license. A license granted under the provisions of this article shall be renewed if, upon inspection by the Health Officer, the conditions specified in § 126-6 with respect to the premises and equipment are fulfilled.

§ 126-8 License contents; display; nontransferability.

Licenses shall specify the date of issuance, the period which is covered, the name of the licensee and the period covered. Such licenses shall be conspicuously displayed at all times in the place thereby licensed. Licenses shall not be transferable.

§ 126-9 Health Officer to make rules and regulations.

The Health Officer may make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions and intent of this article.

§ 126-10 No exemption from license requirement.

[Amended 12-12-1994 by Ord. No. 527]
Nothing contained in this article shall relieve or exempt any proprietor of a public eating or drinking place in the city from obtaining a license from the Health Officer as provided in 35 P.S. § 655.1 et seq.

§ 126-11 Inspection duties of Health Officer.

It shall be the duty of the Health Officer, acting under the supervision of the Director of Public Safety and with the approval of the Board of Health, under power and authority herewith granted, or any other duly authorized and designated representative to inspect the food, drink and other commodities prepared, served and sold in each and every public eating and drinking place in the city, including the manner of their preparation, at all reasonable business hours and to ascertain whether such eating and drinking place is being conducted in compliance with the provisions and regulations, current at the time, of the Pennsylvania Department of Health and the provisions of this article and whether any condition existing therein is prejudicial to the public health.

§ 126-12 Employment of diseased persons.

No proprietor shall employ or retain in his employment in such public eating or drinking place any person known or subsequently found to have a communicable disease under the then-current rules and regulations of the Pennsylvania Department of Health.

§ 126-13 Certification of servers of alcohol.

[Added 9-11-2000 by Ord. No. 635]
A. 
Servers of alcohol. Within one year after the enactment hereof, each licensed food establishment that serves alcohol shall have at least one bar manager, all bartenders/servers and security personnel attend a city and Pennsylvania Liquor Control Board approved course on the responsible serving of alcohol.
B. 
Approved courses. The City of Pottsville Board of Health shall be responsible for reviewing and approving courses for servers of alcohol. The Board of Health will consult with the Pennsylvania Liquor Control Board to determine approved courses.
C. 
Records of completion. Food establishments serving alcohol shall be responsible for ensuring that their bartender/servers and security personnel attend and complete an approved course within 90 days of their hiring date and are responsible for maintaining records demonstrating attendance of an approved course. A certificate of completion shall satisfy this requirement. If a certificate of completion is pending, a written statement of completion from a recognized alcohol awareness trainer is acceptable. Such records shall be open for review by the Health Department upon request.

§ 126-14 Violations and penalties.

[Amended 12-12-1994 by Ord. No. 527]
Any person violating any of the provisions of this article shall be fined not more than $1,000 and, in default of payment of fine and costs, be imprisoned not more than 90 days.
[Adopted 3-8-2004 by Ord. No. 703]

§ 126-15 Food safety code referenced.

Be it hereby ordained and enacted that the City adopts the Commonwealth of Pennsylvania, Department of Agriculture, Division of Food Safety "Food Code" Regulations, Title 7, Chapter 46.